Supreme Court directs States to take action against NGOs, persons indulging in illegal adoption of children orphaned due to COVID-19

Supreme Court has directed all State governments and Union Territories to take action against those NGOs/individuals who are indulging in illegal adoption of children after court was informed that invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA..The Bench of Justices L Nageswara Rao and Aniruddha Bose passed a slew of directions after it was informed that invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of Central Adoption Resource Authority (CARA). .The top court was informed by National Commission of Protection of Child Rights (NCPCR) represented by Additional Solicitor General KM Nataraj about NGOs collecting illegal funds. Supreme Court, therefore, directed State Governments/Union Territories to prevent any NGO from collecting funds in the names of the affected children by disclosing identities of such children and inviting interested persons to adopt them. "No adoption of affected children should be permitted contrary to the provisions of the JJ Act, 2015. Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA. Stringent action shall be taken by the State Governments/Union Territories against agencies/individuals who are responsible for indulging in this illegal activity," top court ordered..Further, State Governments/Union Territories were directed to continue identifying the children who have become orphans or lost a parent after March, 2020 either due to Covid-19 or otherwise and provide the data on the website of the NCPCR without any delay. The Court was hearing a suo motu case initiated to deal with the issue of spread of COVID-19 in Child Care Institutions..The apex court on Tuesday ordered the District Child Protection Units to contact the affected child and his guardian immediately on receipt of information about the death of the parent/parents. "Assessment shall be made about the suitability and willingness of the guardian to take care of the child. The DCPU should ensure that adequate provisions are made for ration, food, medicine, clothing etc. for the affected child. Financial assistance to which the disconsolate child is entitled to under the prevailing schemes by the Central Government and the State Governments/Union Territories should be provided without any delay," the order said. .Child Welfare Committees (CWC) were directed directed to provide for the essential needs of the child during the pendency of the inquiry without fail to ensure that all financial benefits to which the child is entitled are provided without any delay..The Court also ordered State Governments/Union Territories to make provisions for continuance of education of the children both in government as well as in private schools..As per the information provided by the State Governments/Union Territories on the ‘Bal Swaraj’ Portal, 30,071 children have become orphans or have lost one parent or have been abandoned upto June 5, 2021. According to the affidavit filed by the National Commission for Protection of Child Rights (NCPCR), 3,621 children have been orphaned, 26,176 children have lost one parent and 274 children have been abandoned..The matter will be next heard on July 27, 2021..[Read Order]